One (1) Year Standard Limited Warranty for Toshiba
Portable Media Players
5
Binding Arbitration
Customer and Toshiba acknowledge and agree that any
claim, dispute, or controversy (“Dispute”) between
Customer and Toshiba arising from or relating to (i) this
Limited Warranty, including the validity of this binding
arbitration provision, or (ii) the use of the Product shall be
resolved EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION ADMINISTERED BY THE NATIONAL
ARBITRATION FORUM (“NAF”) UNDER NAF’S
CODE OF PROCEDURE THEN IN EFFECT.
CUSTOMER UNDERSTANDS THAT, IN THE
ABSENCE OF THIS PROVISION, CUSTOMER
WOULD HAVE HAD A RIGHT TO LITIGATE
DISPUTES THROUGH A COURT IN FRONT OF A
JUDGE OR JURY, INCLUDING THE RIGHT TO
LITIGATE CLAIMS ON A CLASS-WIDE OR
CLASS-ACTION BASIS, AND THAT CUSTOMER
HAS EXPRESSLY AND KNOWINGLY WAIVED
THOSE RIGHTS AND AGREED TO RESOLVE ANY
DISPUTES THROUGH BINDING ARBITRATION IN
ACCORDANCE WITH THE PROVISIONS OF THIS
PARAGRAPH.
NOTWITHSTANDING THE FOREGOING, SOME
JURISDICTIONS DO NOT ALLOW A PRE-DISPUTE
JURY TRIAL WAIVER OR A WAIVER OF THE RIGHT
TO LITIGATE CLAIMS ON A CLASS-WIDE OR
CLASS ACTION BASIS, SO THESE WAIVERS OR
LIMITATIONS MAY NOT APPLY TO CUSTOMER.
Should either party bring a Dispute in a forum other than
NAF, the arbitrator may award the other party its
reasonable costs and expenses (including but not limited to
attorneys’ fees) incurred in enforcing compliance with this
binding arbitration provision, including staying or
dismissing such other proceeding. Information about the
NAF is available on line at www.arb-forum.com, by phone
at 1-800-474-2371 or by writing to P.O. Box 50191,
Minneapolis, MN, 55405. For the purpose of this binding
arbitration Paragraph, the term “Toshiba” means Toshiba
America Information Systems, Inc., its parents,
